- 13 - arrangement. A Corporation is not precluded from deducting an otherwise deductible royalty expense because the fee is paid to a shareholder as opposed to a third party. Cf. Podd v. Commissioner, T.C. Memo. 1998-231 (taxpayer entitled to deduct a royalty fee paid to a shareholder to the extent the royalty fee was reasonable), supplemented by T.C. Memo. 1998-418. Respondent contends that it was reasonable for respondent to treat petitioner as the implied assignee of the Area Agreement because Domino's ignored the separate identity of petitioner from Pizza Park for certain purposes. (Specifically, respondent refers to the fact that in determining the store with the highest volume in sales, all stores owned by both petitioner and Pizza Park were pooled.) Respondent surmised therefore that for the stores owned by petitioner, petitioner was entitled to receive the Contested Payments as reimbursement. Because a taxpayer is not entitled to deduct an expense for which there is a fixed and unconditional right to reimbursement, respondent disallowed the loss. However, respondent's position ignores the terms of the parties' agreements. First, we are not persuaded that respondent reasonably determined petitioner to be the implied assignee of the Area Agreement and therefore entitled to the Compensation. Petitioner was never a party to the Area Agreement that provided for thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011